Talbots Law has secured a £50,000 settlement for a client whose anterior cruciate ligament (ACL) rupture went undiagnosed for several years, despite the Defendant NHS Trust robustly defending the claim.
The settlement, which was nearly three times the Trust’s original offer, recognised the impact the delayed diagnosis and treatment had on the client’s mobility, sporting activities and quality of life.
The Background to the Claim
Our client was an active rugby player whose knee injury significantly affected his ability to play sport and carry out everyday activities.
The claim alleged that there had been failures to identify and act upon evidence of an ACL rupture, resulting in a substantial delay in diagnosis and treatment. This delay had a considerable impact on our client’s life, including his ability to participate in activities that were important to him.
How Talbots Law Secured the Settlement
The Defendant NHS Trust denied liability and causation throughout the litigation, maintaining that the care provided had been appropriate.
Despite this robust defence, Talbots Law continued to challenge the Defendant’s position, supported by expert evidence. Following detailed negotiations, a £50,000 settlement was secured, nearly triple the Trust’s original offer.
The settlement recognised the pain, suffering and loss of amenity experienced by our client as a result of the delayed diagnosis, including the impact of the injury on his sporting activities and everyday life.
Rajni Kandola on the Outcome
Rajni Kandola, Senior Associate in Talbots Law’s Clinical Negligence Team, said:
“This was a hard-fought claim in which liability was denied throughout. Our client faced years of uncertainty and the loss of activities that were an important part of his life. By obtaining supportive expert evidence and pursuing the claim robustly, we were able to secure a settlement that properly reflected the impact of the delay in diagnosis and treatment.”
What Our Client Said
The client praised Rajni’s support throughout the claim, highlighting her communication, professionalism and proactive approach.
They said:
“From the very beginning, Rajni provided an exceptional level of service. She was proactive, professional, approachable and extremely supportive throughout the entire process. She consistently kept me informed, explained everything clearly, and went above and beyond to make what could have been a very stressful experience as straightforward as possible.
I was particularly impressed with the way Rajni handled my case and worked proactively to achieve a successful outcome, with the claim ultimately being settled outside of court.
I am extremely grateful for Rajni’s dedication, hard work and professionalism. I would highly recommend Rajni Kandola and Talbots Law to anyone looking for a solicitor who genuinely cares about their clients and goes above and beyond to achieve the best possible outcome.”
Can You Make a Delayed Diagnosis Claim?
A delayed diagnosis may form the basis of a clinical negligence claim where the standard of medical care has fallen below an acceptable level and caused avoidable injury or harm. However, not every delayed diagnosis amounts to negligence, and each case depends on its individual circumstances.
If you believe a delay in diagnosis or substandard medical treatment has caused you injury or loss, Talbots Law’s Clinical Negligence Team can advise you on your legal options.
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Disclaimer
The contents of this blog or any other published by Talbots Law cannot be considered as legal advice. You should take no action without prior consultation with a qualified solicitor or legal professional. The contents of this blog refers to the process in England and Wales.
This blog was written by Rajni Kandola, Senior Associate & Solicitor, in our Dispute Resolution team.